DARSHAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment rendered on 4th March, 2008, by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, H.P. in Sessions Trial No. 10 of 2006, whereby, the appellant has been convicted and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/ - for the commission of offence punishable under Section 20 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and in default of payment of fine, he has been sentenced to undergo further simple imprisonment for two years.

(2.) THE facts, leading to the case, are that on 1.2.2006, at about 4.10 a.m., ASI Keshav Singh, Incharge, P.P. City, Rampur Bushahr, along with HC Liaq Ram, HC Des Raj and Constable Sohan Lal, was present at Gandhi Park, near public toilet, Lower Bazaar, Rampur and had laid a nakabandi, when a person was found coming from the side of Jagatkhana bridge and was coming towards Rampur and was carrying a rexine bag in his hand and when he saw the police, then he got perplexed and the police officials nabbed him and After inquiry, he disclosed his name as Darshan Singh, resident of Kaithal, Haryana. On suspicion, the Investigating Officer conducted the search of the bag of the accused in the presence of police officials only as no independent witness was present at that time. During search of the Rexene bag, inside it were found some clothes and below the clothes, there was one polythene bag bearing the imprint of "Amar Tax" and inside the bag there was Charas in the shape of candles and balls which was weighed with the help of weighing scale and was found to be 4.600 Kgs. The Investigating Officer took two samples of 25 grams each from the bulk and sealed the samples and the bulk separately in parcels of cloth with seal 'T' and prepared a seizure memo which was signed by the Investigating Officer and the witnesses and the accused. The NCB Form in triplicate was also filled and specimen of the seal was also taken on a piece of cloth and the seal was handed over to HC Liaq Ram. The photographs of the spot were also taken and the accused was informed about the offence committed by him and about his arrest for the offence committed by him. The Investigating Officer sent Ruqua to Police Station, Rampur for registration of case through Constable Sohan Lal and on the basis of the Ruqua, F.I.R. No. 21/2006 came to be registered against the accused. The Investigating Officer prepared the site plan and the personal search of the accused was also taken and a memo to this effect was also prepared. The accused was arrested and information about his arrest was given to his near relative. The parcel of bulk and samples were produced before the S.H.O. B.D. Bhatia, Police Station, Rampur which were re -sealed by the S.H.O. with seal 'K' and the case property was deposited with the MHC, in the Police Station. Special report was sent, through Constable Ranjit Singh to Dy. S.P., Rampur. One of the samples was sent to CTL Kandaghat for analysis and after completion of investigation, the SHO, Police Station, Rampur, submitted the charge -sheet against the accused.

(3.) THE accused was charged for his having committed offences punishable under Section 20 of the NDPS Act by the learned trial Court to which he pleaded not guilty and claimed trial.